HomeMy WebLinkAbout20180822.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0060
JUSTIN HERSH
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING
UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B RECORDED EXEMPTION RE -2123, BEING PART OF THE W2SW4
SECTION 10, T4N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 43 AND SOUTH OF AND ADJACENT TO
LATHAM VIEW DRIVE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.F.2. - A.Policy 6.2. states, "Support opportunities, such as but not limited
to hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
The proposed second single early dwelling on site would provide the applicant the
opportunity to supplement family income and help reduce living expenses by using the
second home onsite as a rental home.
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker, guest
and accessory quarters."
The approval of the second residence would also allow the applicant to use the second
dwelling to house friends and Vamily when and if the need arises.
Section 22-2-20.H. - A. Goal 8. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development. "
There is currently water and septic provided to the property for both homes on site. Central
Weld County Water District provides the water to the both residences through Account
#000764-02 and currently charges a surcharge for the tap to split the service between the
two homes on the same lot. There are also two existing septic systems permitted on the
property, the primary residence has a septic system sized for up to (2) two bedrooms and is
permitted under permit ##SP -9800018, the secondary residence (Mobile Home) has a septic
system which appears to be sized for up to (3) three bedrooms and is permitted under permit
#G19770180.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
RESOLUTION USR17-0060
JUSTIN HERSH
PAGE 2
Section 23-3-40.M. Allows for one (1) single-family dwelling unit per lot other than those
permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agriculture (A)
Zone District.
The proposed second residence will be used primarily for a rental unit to help supplement
family income for the property owner. The second unit will also provide extra help with
maintenance on the site from the tenants renting the second unit which will in turn help
support the rural lifestyle. Lastly the second dwelling is consistent with the intent of the (A)
Agricultural zone district as it is a use that is allowed through approval of a Use by Special
Review (USR) permit.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The use and size of the lots surrounding the property to the east and west are single family
home sites that range between 6 to 14 acres in size and are located in the Latham View
Estates PUD which is zoned for (E) Estate uses. The parcel of land directly to the south of
the proposed USR site is a +/-2.3 acre (A) Agricultural zoned parcel of land being primarily
used as a single-family home site. The parcel directly west of the site is a +/-120-acre parcel
of land zoned (A) agricultural and is being actively farmed with one single family home site
located on the parcel.
There are (5) five approved Use by Special Review Permits within (1) one mile of the site, all
located in the (A) Agricultural Zone District and include: (2) two gravel mining operations
sites, (1) one approved oil and gas production facility, (1) one concrete business, and (1) one
12 -inch natural gas pipeline
The proposed USR for a second residence primarily to be used for rental income and/or for
family and guest housing is compatible with the existing surrounding residential and
agricultural land uses as the neighboring parcels are all primarily residential lots being used
for similar uses.
The Weld County Department of Planning Services has received no responses from the
surrounding property owners in opposition to this proposed application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within an Intergovernmental Agreement Area (IGA), Urban Growth
Boundary Area (UGB) or Coordinated Planning Agreement Boundary (CPA). The site is
located within 3 -miles of the Town of LaSalle municipal boundary however the Department of
Planning Services has not received a response from the Town of LaSalle regarding this land
use proposal.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
RESOLUTION USR17-0060
JUSTIN HERSH
PAGE 3
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed home site is located on a 4.3 -acre parcel of land Zoned A (Agricultural) and the
soil designation for the site is "Prime (Irrigated Farmlands of National Importance)" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. While the site is
located entirely within prime agricultural land, with the lot being only 4.3 acres in size and
surrounded only by other small acreage lots between 2 and 14 acres in size that are being
used primarily as single-family home sites east of the adjacent County Road 43 Right -of -Way,
the current Lot as it sits will not be taking land away from agricultural production as the lot has
not being actively farmed in the recent past and has historically been used as a single family
home site lot.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of Weld County School District RE -1, as stated in
the referral response dated October 20, 2017. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0060 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 43 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
5. The applicant shall obtain an access permit from the Weld County Department of Public
Works. Show and label the approved access locations with the approved access permit
number and show and label the appropriate turning radii (60'). (Department of Public
Works)
6. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
RESOLUTION USR17-0060
JUSTIN HERSH
PAGE 4
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN State Plane
Colorado North FIRS 0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.weld co.us.
(Department of Planning Services)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 6, 2018.
Dated the 6th of March, 2018
Kristine Ranslem
Secretary
RESOLUTION USR17-0060
JUSTIN HERSH
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Justin Hersh
USR17-0060
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0060, for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit), in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
4. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
5. The property owner shall control noxious weeds on the site. (Department of Public Works)
6. The access on site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
7. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
9. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
10. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
11. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations. (Department of Planning Services)
12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services. (Department of Planning Services)
13. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
RESOLUTION USR17-0060
JUSTIN HERSH
PAGE 6
14. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
15. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
PG in
o3/ocn/18°
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 6, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes,
Richard Beck, Terry Cross, Tom Cope.
Also Present: Kim Ogle, Chris Gathman, and Ryder Reddick, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0060
JUSTIN HERSH
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B RECORDED EXEMPTION RE -2123, BEING PART OF THE W2SW4
SECTION 10, T4N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 43 AND SOUTH OF AND ADJACENT TO
LATHAM VIEW DRIVE.
Ryder Reddick, Planning Services, presented Case USR17-0060, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and the drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Justin Hirsch, 22308 CR 43, LaSalle Colorado, stated that they were unaware that the second home wasn't
permitted. Therefore, they would like someone to rent the house for a little extra income as well as helping
them maintain the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR17-0060 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard
Beck, Terry Cross, Tom Cope.
Meeting adjourned at 3:36 pm.
Respectfully submitted,
-61,467611-
Kristine Ranslem
Secretary
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address,
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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